Opinion
Civil Action No. 14-cv-00301-REB-BNB
09-08-2014
JAMES ROGER DUNCAN, Plaintiff, v. BILL RITTER, JR., ex-governor, JOHN W. HICKENLOOPER, governor, RICK RAEMISCH, executive director, WARDEN MILYARD, WARDEN FALK, and CASE MANAGER LUECK, Defendants.
ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before me is the Recommendation of United States Magistrate Judge [#55], filed August 6, 2014. No objection having been filed to the recommendation, I review it for plain error only. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005). I perceive no such error in the magistrate judge's recommended disposition. Indeed, in his filing in response to the magistrate judge's show cause order, plaintiff asks that defendant, Bill Ritter, Jr., be removed as a party defendant. ( See I Object to the Motion To Show Cause [#37], filed May 20, 2014.) I therefore find and conclude that the magistrate judge's recommendation should be approved and adopted.
"[#55]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's case management and electronic case filing system (CM/ECF). I use this convention throughout this order.
This standard pertains even though plaintiff is proceeding pro se in this matter. Morales-Fernandez, 418 F.3d at 1122. In addition, because plaintiff is proceeding pro se, I have construed his pleadings more liberally and held them to a less stringent standard than formal pleadings drafted by lawyers. See Erickson v. Pardus, 551 U.S. 89, 94, 127 S. Ct. 2197, 2200, 167 L.Ed.2d 1081 (2007); Andrews v. Heaton, 483 F.3d 1070, 1076 (10th Cir. 2007); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991) (citing Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 595-96, 30 L.Ed.2d 652 (1972)).
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THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#55], filed August 6, 2014, is APPROVED AND ADOPTED as an order of this court;
2. That plaintiff's claims against defendant, Bill Ritter, Jr., ex-governor, are DISMISSED WITHOUT PREJUDICE for failure to prosecute;
3. That at the time judgment enters, judgment without prejudice SHALL ENTER on behalf of defendant, Bill Ritter, Jr., ex-governor, against plaintiff, James Roger Duncan, on all claims for relief and causes of action asserted against this defendant in this action; and
4. That defendant, Bill Ritter, Jr., ex-governor, is DROPPED as a named party to this action, and the case caption AMENDED accordingly.
Dated September 8, 2014, at Denver, Colorado.
BY THE COURT:
/s/_________
Robert E. Blackburn
United States District Judge